MANSHA RAM PAYAL Vs. VED PRAKASH

JUDGEMENT

(1.) This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 29-8-1988, passed by first appellate Court (Second Additional District Judge, Dehradun), in Civil Appeal No. 45 of 1984, whereby said Court has reversed the judgment and decree dated 4-12-1984, passed by the trial Court (Munsif-III, Dehradun), in Suit No. 145 of 1983, and decreed the plaintiff's suit.

(2.) Heard learned counsel for the parties and perused the Lower Court Record.

(3.) Brief facts giving rise to this appeal are that plaintiff/respondents No. 1 instituted Suit No. 145 of 1983, before the trial Court, seeking permanent injunction against the defendants, not to interfere plaintiff's user over the land shown by letters E, A, D, C, B, F in the plaint map, as pathway. It is pleaded by the plaintiff that his (plaintiff's) house is situated in Sewak Ashram Road, Dehradun. On the south of plaintiff's house there is 19 ft. wide land, used as pathway. It is further pleaded that plaintiff has laid his sewer line over the disputed land. Said land is being used by the plaintiff and his tenants since 1960, peacefully, openly and without interruption. It is alleged by the plaintiff that defendants went to close the disputed land by raising constructions over it. On this cause of action, the suit was instituted.